Last update: November 2006
1.1. These General Terms and Conditions for Adhesion and use of the Service (from now on termed “Terms and Conditions”) regulate on one hand, the Service of bringing people close, relationship and interaction of the CONTRACTING PARTIES of the GADESH System via Internet, as well as the access of these to the list and profile of other CONTRACTING PARTY users registered in the Electronic Database for the comprising of the Relationship Network and partnership with Sexual Purposes. In the CONTRACTING PARTIES’ profiles it is published the description of sexual tastes and preferences, body descriptions, contacts, and other general information according to what is asserted in the service, and also, images and material related to nudity and Sexual Activities, in the form of photographs (Digitalized Pictures) and Videos (Video Clips), according to the subscription modality, both from the CONTRACTING PARTIES themselves, and also, all the content of the Website that ENOVA INTERACTIVE SERV. DE INF. Ltda. (from now on termed GADESH), with social headquarters and courthouse in the city of Itajaí, State of Santa Catarina, Brazil, subscribed in the CNPJ [National Legal Entities Registration Number] under no. 06.635.630/0001-19, (from now on termed “CONTRACTED PARTY”), makes available to Internet Users through the Service’s Website, thorough electronic addresses, such as: www.gadesh.com.br, www.gadesh.com and/or also, through other correlated electronic addresses, regionalized and/or aggregate to these that are redirected to the Service Website, and/or also, Websites used to replaced the above-mentioned that eventually may be given for the use of the service users and Internet users;
These Terms and Conditions regulate the acceptance of the service by the Individual, male or female, older than 18 years of age according to the legislation of their jurisdiction of residence or transit at the time of accessing the service, and duly identified in GADESH’s (from now on termed “CONTRACTED PARTY”, and/or also, “Subscriber”, when referring to the Subscription Plans made available to access the service) Electronic Database Registration, which accepts and understands that the proposed service, does not offend, is not considered inadequate, or even does not degrades his/her image and nature as a human being who has free will and self-determination;
And so, the parties here qualified, CONTRACTING PARTY and CONTRACTED PARTY, sign the present Electronic Service Provision Contract, which will guide and govern through the following clauses and conditions.
1.2. Upon selecting by clicking the “I ACCEPT GADESH’S TERMS AND CONDITIONS OF USE” option, presented before the registration in the GADESH System, the service’s CONTRACTING PARTY declares to have carefully examined and unconditionally agreeing with the Terms and Conditions containing of this present Electronic Service Provision Contract to adhere to the Service, in turn accepting all the precepts contained here, being now granted the right to fill out the Personal Profile Area, where it is published the description of his/her sexual tastes and preferences, his/her body description, his/her contacts and remaining general information according to what is established in the service, and also, his/her images and materials, including materials related to nudity and Sexual Activities, under the form of photograph (Digitalized Pictures) at first, and thus, obtaining the right to establish relationships through the system using tools available on the Website, interactively participating in the Service besides the group of subscriber users and entailments, and also, linked through his/her respective Profiles in the Website’s Service, hence developing his/her own Relationship Network and partnership with Sexual Purposes, interacting with other Users Eligible in the system, as active CONTRACTING PARTY, and also, inviting people to register in the GADESH System, considering that those must comply with the Terms and Conditions, and the necessary electronic “Authorization” request procedures to be able to participate, and then, being able to authorize new participants, obtaining access to the Website Content according to his/her Plan Adhesion and subscription modality, which will initially be free, and/or subsequently charged per user option and adhesion.
1.3. Once having obtained the “Authorization” as to the GADESH System Community, the service’s CONTRACTING PARTY” is automatically eligible under the BASIC GADESH PLAN* (FREE) Subscription modality, which may, subsequently choose the option for a CHARGED: GADESH PLUS PLAN Subscription modality, according to characteristics of the plan and periods defined by the Payment Plans available for this subscription modality with differentiated utilities, or applications, functions and tools in the GADESH System, according to what is established in the Website.
1.4. The use of the GADESH System is found equally submitted to all the Notices, Policies, Rules, Tables, Use and Promotional Regulations, and General Instructions, presented for the awareness of the CONTRACTING PARTY through the pages contained of the service, who “accepts” all these as precepts that regulate the service use, and work as additive terms of this Terms and Conditions.
1.5. GADESH may change the format and the content of the service, as well as suspend or cancel, under its exclusive criterion and/or due to forces beyond its control, at any time, any adjacent services and/or products, utilities, or applications, or even, functions and tools, made available through the service containing of the Website, regardless of any previous warning to the CONTRACTING PARTY, who accepts this condition.
1.6. The GADESH System user must observe and respect all the precepts of this Electronic Service Provision Contract, given that GADESH may suspend or cancel the CONTRACTING PARTY’s Access due to use outside the contract precepts, as well as all the Notices, Policies, Rules, Tables, Use and Promotional Regulations, and General Instructions, presented for the awareness of the CONTRACTING PARTY through pages contained of the Service.
1.7. For legal purposes, the contracting party declares to be equal to or older than the legal age, that is, eighteen years (18) old or older, and/or also, declares to be older in accordance with the laws that regulate such subject in the jurisdiction where he/she resides, and/or is found transiting at the time of access and use of the Service; And moreover, declares to possess legal capacity to sign the present Contract and use the Services provided by the CONTRACTED PARTY.
1.8. For the purpose of the present Terms and Conditions, all the words or expressions containing of the list below, must be understood according to its respective meaning here established, whenever mentioned with capital initials in this Electronic Service Provision Contract, or in the pages contained of the service:
(a) “Access”: means that the common Internet user, after having fulfilled the basic requisites for the utilization of the service, such as the acceptance of these “Terms and Conditions” and filling out of his/her “Personal Profile Area” to post up his/her Profile; enters the system using the restrict areas only to the Service’s CONTRAC TING PARTIES.
Still in compliance with the precepts of the BASIC GADESH PLAN which is FREE, or also, in compliance with the CHARGED Subscription modality chosen and subsequently requested by the contracting party, thus obtaining the right to use the GADESH System as it is established in his/her Subscription Plan and in its respective period, according to what was chosen besides the Payment Plan; and in this way, access may also mean the freedom of action of a User Eligible in the system, as to his/her subscription modality and its respective utilities, applications, functions and tools.
(b) “Adhesion”: means that the Internet user when types his/her registration, he/she accepts and adheres to the service proposed in the GADESH System as the CONTRACTING PARTY, according to these Terms and Conditions; and also, in another case, it means that the CONTRACTING PARTY of the GADESH System accepts and adheres to a certain CHARGED Subscription modality under a respective Payment Plan defined by this modality, according to his/her choosing, accepting all the precepts and the characteristics containing of this service, in accordance with the “SUBSCRIPTION CONTRACT FOR DIGITAL CONTENT ACCESS”.
(c) “Nickname”: means the pseudonymous of the Service’s CONTRACTING PARTY, ensuring to him/her a single and unique identity for the use of the Service.
(d) “Personal Profile Area” or “Profile”: means the personal content of a CONTRACTING PARTY of the service, in the format of pages in which his/her Personal Data are registered for publication, according to the privacy level defined by the user him/herself, with the description of his/her tastes and preferences, including sexual tastes and preferences, body description, contacts and remaining data and images, given that these may be related to nudity and Sexual Activities (Digitalized Pictures and/or videos), in congruence with the nature of the purpose of the service, and with express approval and solidarity of the CONTRACTING PARTY, when he/she carries out his/her adhesion to the service.
(e) “Subscription”: means the modality of the CONTRACTING PARTY’s commercial plan, which, at first is subscribed in the FREE Subscription modality, given that this BASIC GADESH PLAN upon performed the registration and Personal Profile, thus providing the Access to the restrict areas of the Service once Authorized, in accordance with the user option and choice for one of the CHARGED Subscription modalities, as established in the GADESH PLUS PLAN, subject to the terms and conditions of the SUBSCRIPTION CONTRACT FOR DIGITAL CONTENT ACCESS and its respective Payment Plans per period – effectiveness period – established in the tables of the subscription page; each one with its respective characteristics as to utilities, or applications, functions and tools.
(f) “Electronic Database”: means the electronic registration of Personal Data and information (data) in general for the registration of the Profile – Personal Profile Area, available to the common Internet User who registers in the service, and this way, registering all the User(s) Eligible in the system, including the electronic registration of all activities performed by the service’s CONTRACTING PARTIES.
(g) “GADESH”: means the name of the Relationship Portal with profile registration system and tools available to the users.
(h) “Support” means the technical-computer support service made available to the service’s CONTRACTING PARTIES, carried out daily from Monday to Friday during normal business hours (from 09:00 a.m. to 06:00 p.m., Brasília / Brazil time).
(i) “GADESH System Community”: means the entire set of registered Users and Users Eligible in the System, subscribed and entailed, and also, linked through his/her respective Profiles, and active or with freedom of action in the service, regardless of the subscription modality to which he/she is inserted in.
(j) “Content”: means all the sequence of pages available in the service related to FREE or CHARGED Subscription, such as lists and Profiles of CONTRACTING PARTY Users registered in the Electronic Database, with the purpose to comprise the Relationship Network and partnership with Sexual Purposes, containing or not Digitalized Pictures and Video Clips, and also, data and images related to Opened and Closed Communities, and also, all the information related to the Service and/or related to adjacent services made available to Users by the CONTRACTED PARTY.
(k) “Digitalized Pictures” or “Pictures”: Are personal User images that they declare to be their own, or even, declare to be third party’s, and in case of the latter, declare that both are in agreement with its publication / running in the service; that they are Pictures in digital format, sent by the User to make up his/her own Picture Album, thus provided by the CONTRACTING PARTY to the CONTRACTED PARTY, under solidarity and with its express approval, even if those do or do not identify them and the third parties. The pictures may or may not have nudity content or images of Sexual Activities, and will be sent by the user him/herself to the service, with the purpose of publication / running besides his/her Personal Profile Area or besides his/her Opened and/or Closed Communities.
(l) “Contracting Party”: means the Service’s CONTRACTING PARTY who creates, through the Website, an Opened Community or a Closed Community, being responsible for either community.
(m) “Home”: means GADESH’s Content page, specifically where appears highlighted some of the utilities, or applications, functions and tools of the service proposed by the CONTRACTED PARTY to the CONTRACTING PARTY, including adjacent Services offered to the CONTRACTING PARTIES of the CHARGED Subscription modality (GADESH PLUS PLAN).
(n) “Messages”: means the service’s internal e-mail inbox, with capacity to warehouse the messages exchanged amongst the system users. The GADESH BASIC PLAN has capacity to send three (03) messages per day, and for the GADESH PLUS PLAN the number of messages will be according to the chosen modality, which has its respective utilization, according to the Subscription modalities defined in these Terms and Conditions and in the SUBSCRIPTION CONTRACT FOR DIGITAL CONTENT ACCESS.
(o) “Sexual Purposes”: means the intention of the Users that register in the service to search for casual Partners or for a relationship, based on their respective fantasies and sexual affinities, as established in the GADESH System.
(p) “Partners” and/or “Relationship Network”: means the group of people, Users Eligible in the System, due to choice of the CONTRACTING PARTY user and accepted by both users to highlight closeness between them, prevailing the entertainment characteristic pertinent to the service and to the system’s purpose.
(q) “Payment Plan”: means the commercial payment manner chosen by the Service’s CONTRACTING PARTY of his/her modality under the CHARGED: GADESH PLUS PLAN Subscription option. The Payment Plan of this Signature modality is presented with many options, according to the period to be contracted for and according to the installment payments defined by the plan’s CONTRACTING PARTIES – see price tables and installment payments available in the GADESH System’s subscription page, and also see the “SUBSCRIPTION CONTRACT FOR DIGITAL CONTENT ACCESS”, in accordance with the chosen plan option.
(r) “GADESH System”: means the set of actions and electronic procedures that enable the functioning of the Website Service.
(s) “User(s) Eligible in the System”: means the person/people duly registered to use the Service, CONTRACTING PARTY/PARTIES of this service, as laid out in these Terms and Conditions. Moreover, this term may be presented as a replacement of the Subscriber term, in this Contact and in other areas of the Service; and vice-versa, and thus, it is considered that this will always be the legal representative with the Website Service, and the responsible one for the registration of the Profile and for the obligations here taken up, answering civil and criminally for his/her own registered data and third parties’ registered data before the Service and before society in general.
(t) “Video Clip” or “Video”: Are personal Users’ images who declare them to be their own, or even, to be of third parties’, in the latter case, they declare that both are agreed upon in case of publication / running in the Service. The videos in digital format sent or given by the CONTRACTING PARTY to the CONTRACTED PARTY, under solidarity and with their express approval, may or may not have nudity content or Sexual Activity images.
(u) “Website”: means the page or sequence of pages that GADESH maintains on the Internet, as means to provide the Service to the CONTRACTING PARTIES.
The present “Terms and Conditions” regulate the Service that provides the coming together of people, relationships and interaction of CONTRACTING PARTY Users of the GADESH System Service, available through digital means of information sending through the Internet (world network of computers interconnected through the TCP/IP – Transmission Control Protocol/Internet Protocol), and the remaining adjacent services offered by the CONTRACTED PARTY and the use of these services by the CONTRACTING PARTIES.
3.1. The service consists in providing the CONTRACTING PARTY the Access to the CONTRACTED PARTY’s Website, above all, providing to he/she electronic pages with adult content, with material directed to the entertainment of people older that 18 years of age; making previously available the possibility of interaction via messages and chats. It also consists in providing Access to the CONTRACTING PARTY, according to the Subscription modality chosen by the contracting party and to the data of the profiles of the Users Eligible in the System, always respecting the privacy level defined by the third party in its Personal Profile Area and its visualization criteria defined by the CONTRACTED PARTY. It also consists in providing Access to the Website’s Content and its respective utilities, or applications, functions and tools, adjacent Services, existent at that time or added at certain time under a definitive or transitory manner, when the options above are available, according to the characteristics of the FREE and/or CHARGED Subscription modalities chosen by the contracting party.
3.2. For the Service provision it were established two (02) Subscription / Plan modalities that are configured as follows: THE GADESH BASIC PLAN, related to the single FREE Subscription modality; and the remaining ones, as provided in the “SUBSCRIPTION CONTRACT FOR DIGITAL CONTENT ACCESS”, which is related to one (1) CHARGED modality – namely the GADESH ADVANCED PLAN, contracted for the period of Payment Plan chosen by the CONTRACTING PARTY him/herself, with automatic renewal for the same contracted period of time, in case this option is unchecked in the “Control Panel” in the “My Profile” menu.
3.2.1. GADESH BASIC PLAN (FREE); in this Subscription / Plan modality, the Service consists:
220.127.116.11. In the filling out of the Personal Profile Area according to criteria defined by the CONTRACTED PARTY, for the use of the service under this Subscription modality.
18.104.22.168.1. The CONTRACTING PARTY must fill out the minimum registration established in the Personal Profile Area to be able to use certain applications, functions and tools from the service, which may be found in the “Control Panel”, in the “My Profile” menu.
22.214.171.124.2. The CONTRACTING PARTY may or may not send (make an Upload) up to three (03) digitalized pictures for illustration of his/her personal public album and up to one (01) digitalized picture in the main profile.
126.96.36.199.3. The CONTRACTING PARTY may perform in the same Personal Profile Area the double registration according to the profile registration form available in the service, when he/she opts for the registration of a couple. Under these conditions the CONTRACTING PARTY is the legal representative, and the civil and criminal responsible for the profile registration being discussed, and also, is the responsible party for all actions carried out by this profile in the service.
188.8.131.52.4. It is prohibited the option of a second registration by the CONTRACTING PARTY for this Subscription modality.
184.108.40.206. The CONTRACTING PARTY of this Subscription modality will be able to do searches, migrate among Profiles (Partner annexed Lists of Users Eligible in the System), visualize these profiles and invite to be partners the remaining users participating in the GADESH System Community, according to the purposes of the service and the restrictions imposed in this subscription modality; however, in the above-mentioned cases, in no way he/she may visualize the Telephone and personal Website contacts available in the Profiles of Users Eligible in the System, no matter the privacy level defined by the latter; and/or in no way he/she may visualize the restrict part of the Private Picture Album of the CONTRACTING PARTY Users of the GADESH PLUS modality; and/or also, with all the benefits shown above, it is never cumulative throughout the time of contract.
220.127.116.11. The CONTRACTING PARTY of the GADESH BASIC modality will be able to send only three (03) daily messages to User(s) Eligible in the System, subscribed in any Subscription modality, but is not kept from reading messages or message answers from Users of the GADESH BASIC PLAN and the GADESH PLUS PLAN.
18.104.22.168. The CONTRACTING PARTY may accept electronic invitations and/or send these invitations until building up his/her Relationship Network and partnership with Sexual Purposes, which will be limited to the sending of three (03) daily messages and limitless number of messages received.
22.214.171.124. The CONTRACTING PARTY of the GADESH basic modality will be able to publish / run up to three (03) expandable digitalized pictures in his/her picture album in his/her personal profile area, and up to one (01) digitalized picture in the main profile.
126.96.36.199.1. Through this clause, the contracting party tacitly accepts the exhibition / showing of his/her pictures contained of the digitalized pictures sent by the contracting party him/herself to the service, regardless if these pictures have or have not nudity content and/or sexual activities, and declares to agree with the exhibition / showing of those pictures in the GADESH system, given that the contracting party is held responsible for having sent such images to the contracted party with the purpose of publishing / running the pictures besides his/her personal profile area or besides communities which he/she has opened.
188.8.131.52.2. The CONTRACTING PARTY declares to possess the due authorization for the exhibition / showing of third parties’ pictures, which are in evidence in the images sent by him/her; and also declares to be aware of the age of these third parties shown in the pictures, declaring that those are older than 18 years of age and also capable to answer civil or criminally for their actions.
184.108.40.206.3. The CONTRACTING PARTY declares to be the owner of the pictures and the responsible for the sending of those images, according to what is shown in his/her picture album and in his/her communities, and through this clause, he/she takes up full responsibility, answering civil and criminally for the non-authorized exhibition / showing of third parties’ pictures in his/her picture album and in his/her communities, which may be in disagreement with the exhibition / showing of their personal image in this website, exempting the contracted party from any burdens, damages or losses; and indemnifying the contracted party in fortuitous cases that the latter may be made responsible due to forces outsides its realm of control, for the non-authorized exhibition / showing of third parties’ images.
3.3. The CONTRACTING PARTY User has the right of Access to the GADESH System Service, according to the characteristics of the Subscription / Plan modality, FREE, and if it is the case, within the period chosen at the time of purchase of a CHARGED Subscription, according to its respective Payment Plan. Service that will be available to the User twenty-four (24) hours per day, which may eventually endure interruptions due to:
(a) Technical and/or operational maintenances that require the temporary shutting down of the system or that render the access impossible;
(b) Fortuitous cases or cases of forces outside its realm of control;
(c) Third party actions that impede the service provision;
(d) Lack of electric energy supply to GADESH;
(e) Interruption or suspension of the telephony concessionaire services to GADESH’s server; and
(f) Occurrences such as transmission system failure and/or routing failure in the Access to the Internet.
3.3.1. GADESH will not be held responsible for any damages and or losses derived from interruptions related to the events provided in the above item, or derived from those that the company has not exclusively participated for the causing of the damage of loss.
3.4. GADESH may, at any given time, launch additional Services or supplementary Services to what is currently provided by it, regardless if those are charged services or not.
3.5. The Service provision by GADESH also encompasses:
(a) Provision of support to the Service through the “Contact Us” option made available in the Service Menu under the name “User Support Center” or through the E-mail email@example.com, exclusively about subjects related to the services provided by the CONTRACTED PARTY, which is done for at no charge to the User Eligible in the Service, where those CONTRACTING PARTY Users of the Charged Plans will have the priority;
(b) The use of various additional services offered for free or not to the GADESH System Community, considering promotional reasons or not, being offered at certain point, observing that the use of these services will always respect the specific conditions that regulate them;
(c) Supply of Contents published on the Website, highlighting that such Contents may be charged due to law enforcement or due to GADESH criterion, and contents of affiliated and partner Websites, but in the latter case, always paying close attention to the specific commercial conditions imposed by the service of the Internet affiliate or partners, regardless of being for free or not at the time of contracting the service.
(d) Supply of advertising Content published in the Website by the CONTRACTING PARTY in his/her PERSONAL PROFILE area, will not be allowed for any one of the possible GADESH System modalities. It is prohibited the publication of services and sale of own products, or any type of advertising that offer service and products of any nature, thus not gathering the right to advertise and offer services and sale of own products.
4.1. Service’s CONTRACTING PARTY condition.
4.1.1. For the use of the Service proposed in the Website, the CONTRACTING PARTY MUST BE AT LEAST 18 YEARS OF AGE, THAT BEING THE LEGAL AGE. It is prohibited the registering and the use of the Service by Users younger than 18 years of age, in accordance with the laws in effect in the jurisdiction where these users reside or are framed as visitors at the time of use of the service.
4.1.2. The Service use requires the previous filling out of the registration by the CONTRACTING PARTY, occasion in which he/she has to fill in his/her E-mail address and a password with at least five (05) characters, as access code, from now on both termed “Access Passwords”, to do the Login to the Service.
4.1.3. Under the BASIC or PLUS registration, the CONTRACTING PARTY will choose a nickname, his/her pseudonymous, which must be shown to the entire GADESH System Community for the purposes of identification with the purposes and precepts linked to the Service, and remaining cases existing at the time or subsequently.
However, the CONTRACTING PARTY may not choose as Nickname in his/her registration, words, expressions or a group of graphic-symbols that have already been chosen by another User Eligible in the System, or even, that may coincide with brands, commercial names, establishment labels, company denominations, advertising expressions, names and/or pseudonymous of characters with public relevance, famous characters or characters registered by third parties, which use is not authorized and, in general, against the law, being responsible and answering for costs, damages and/or losses derived from such use.
220.127.116.11. The choosing of a Nickname by the CONTRACTING PARTY that may in fact identify him/her before the remaining GADESH System Community Users, is under the responsibility of the contracting party, hence, not characterizing an identification unauthorized by him/her.
4.1.4. In the registration, the CONTRACTING PARTY creates a Subscription account with the Website Service, with the following characteristics:
18.104.22.168. The CONTRACTING PARTY must fill out the registration form with correct and truthful information, being held responsible civil and criminally for those information, and actually, declaring here that he/she is fully aware that the undue use of third party data or the supplying of false information may be regarded as criminal practice.
22.214.171.124. GADESH may, under its exclusive criterion, automatically cancel the Subscription, regardless of the contract modality, without any onus and exempt from any responsibility before the Service CONTRACTING PARTY User, in cases where the data supplied by him/her, at the time of his/her basic registration, are wrong or incomplete, in a way to render impossible its confirmation.
4.1.5. The registration and the Service use is exclusive to individuals, being expressly prohibited the participation of legal entities in the GADESH System, except under the Advertising Plans contained of the Service. In case of registration of legal entity user, or dissemination and publicity carried out through this media, the contracted party may, at its criterion, block the contracting party that will have all rights and benefits to the service automatically canceled, and may even automatically cancel the contracting party’s subscription, regardless of its modality, without any burden and exempt from any responsibility before the service’s contracting party, without giving it the right to any indemnisation due to having breached the service purpose, and causing damages to the contracted party.
4.1.6. It is prohibited the registration and the use of the Service by GADESH’s owners, former owners, directors, former directors, managers and former managers (Except for GADESH’s Profile – administrator), as well as the registration and use of the Service by their family members of any degree, as well as employees, former employees and service providers (including all their representatives), and their respective direct family members, due to those, in a way or another, by intent, seek to benefit from confidential information transmitted in the system.
126.96.36.199. GADESH’s service is provided by a team in which ethics and professionalism assure the secrecy of the information here transmitted.
4.2. Obligation to keep safe the Access Passwords.
4.2.1. In order to promote control and safety, the CONTRACTING PARTY must regularly change his/her password, as many times as it deems necessary and as many times as it wishes, which is done in the menu option “My Account” under “Change Access Password”.
4.2.2. The CONTRACTING PARTY commits to communicate to GADESH the misplacement, loss or theft of his/her Access Passwords immediately after realizing the fact, informing it through “User Support” or by E-mail firstname.lastname@example.org.
4.2.3. Up to the effective moment in which the contracted company receives the information, the contracting party is responsible for the expenses and losses deriving from an eventual use of his/her access passwords by third parties. GADESH is not responsible for any damages deriving from such pre-communicated use or for misplacement, loss or theft of the “Access Passwords”.
4.3. Obligation of the correct use of the Service.
4.3.1. The CONTRACTING PARTY commits, in general, to use the Service in accordance with the law.
4.3.2. The CONTRACTING PARTY commits through this Terms and Conditions to be the responsible for his/her actions and for being aware and/or verify the laws that govern the jurisdiction where he/she resides and/or is found in transit at the time of using the Service, and he/she is responsible for acting within the law.
4.3.3. The CONTRACTING PARTY is responsible only and exclusively for the access to the website service by users under the legal age through its Access Passwords.
4.3.3. The CONTRACTING PARTY commits through this Terms and Conditions, to communicate any errors of failures that he/she realizes in relation to the service, for he/she understands and agrees that software and/or computer systems in general are not susceptible to errors or failures in such services and/or products. In case the CONTRACTING PARTY realizes some error or failure in the Service, he/she agrees in not benefit from them. Furthermore, the CONTRACTING PARTY agrees in reporting – in writing – any errors of failures immediately to GADESH, using the “User Support” or using the E-mail email@example.com or also, using traditional mailing if necessary, through the Post Office address available in the Contact Us option. In case the CONTRACTING PARTY does not comply with this obligation here attributed to him/her, he/she will be impeded from complaining about eventual damages or losses that originate from such errors and failures. The CONTRACTED PARTY reserves the right to full compensation for all the costs and expenses related to those damages and losses, including costs and expenses generated due to creating a solution and/or resolution of the problem, in any area, including those related to justice, in case these errors or failures remain due to negligence of the CONTRACTING PARTY.
188.8.131.52. The CONTRATED PARTY is not held responsible for the consequences deriving from unexpected events or problems caused by errors or failures that impede the availability of the Website Service, as well as it is not held responsible for the deficient transmission of the information containing of the Website, in consequence of such errors or failures of the computer systems.
184.108.40.206. The CONTRACTING PARTY declares to know that part of the Access problems, errors and failures in the computer systems may have to do with his/her Internet service provider; and it thus must be solved by those Internet service providers apart from the CONTRACTED PARTY’s Services.
4.3.4. The CONTRACTING PARTY commits through these Terms and Conditions to use the Service to which it is destined, for entertainment and/or relationship only, and agrees through these Terms and Conditions that:
a) It is expressly prohibited to copy any of the Services – total and/or partially – as well as copy the written or graphical materials associated to this;
(b) Cannot, in any way, try to obtain the font code, manipulate, modify, translate, dismantle, erase or develop projects derived from this work (Service) that is found protected by copyright laws reserved to ENOVA INTEREACTIVE SERV. DE INF. LTDA that holds total ownership of all software, codes, texts, graphs, pictures, audio, music and Video (even though through concession), as well as registration of linked brands and Service patents, which occurs here through cession of the developer;
(c) The use, copy, or non-authorized distribution is strictly prohibited and those infringing this rule will be sued, in accordance with the law;
(d) The Service here established may only be used by the CONTRACTING PARTY originally registered in the Electronic Database of the GADESH System and may not be transferred or rented to no other person, in parts or whole. This service may not be used by the user, under no circumstances, for commercial purposes.
4.3.5. The CONTRACTING PARTY commits to use the Service correctly and diligently, staying away from using it for illicit purposes or objectives, which cause damage/harm to the rights and interests of third parties, and not allowed by the present Terms and Conditions or in a way to impede the normal use and enjoying the established Service, or also, that in any way, may damage, render unusable, cause burden or deteriorate the Service, the computer equipment of other Service Users or of other Internet Users (hardware and software), such as documents, files and kinds of contents stored in their computer equipment.
4.3.6. As to the remaining supplementary obligations to which the User commits:
220.127.116.11. In the event of possessing E-mail Inboxes according to what is established in the option “My Messages” of the “MY PROFILE” menu, the User must keep it occupying a space inferior to the quantity of messages and/or megabytes provided in the use regulation of the function. This limit of messages and/or megabytes is subjected to periodical alterations, reason which this must be respected according to what is provided at the exact time of the service’s use. In case the User surpasses that limit, his/her files may be removed under exclusive GADESH discretion. GADESH will not be held responsible for eventual information losses or information damage derived from that operation.
18.104.22.168. The CONTRACTING PARTY may not use the Service for:
(a) Try to get illegal access to GADESH’s databases and/or third parties’ database;
(b) Change and/or copy files or, even, get passwords and data from third parties without previous authorization;
(c) Instigate, threaten, offend, dent the image, invade the privacy or harm other members of the GADESH System Community or of the Internet Community;
(d) Send mass Messages or E-mails (spam mails) to User groups of this Service, offering their own or someone else’s products and/or services of any nature, that are not in the interest of the addressees or that do not have express consent of the latter;
(e) Incompliance with the law, the copyright standards and/or industrial property rules, the rights to honor, private life, image, personal and family privacy. Ultimately, the User commits to respect the ethical and moral standards in effect on the Internet and the national laws where the user resides and international laws applicable to that segment.
22.214.171.124. The CONTRACTING PARTY may not use the Service to disseminate portal or Website(s) on the Internet with contents that:
(a) Run, entice or stimulate pedophilia;
(b) Stimulate the practice of any other illicit conduct;
(c) Entice the practice of discriminatory acts, whether they are directed to ethnicities, religion, creeds, sex, age or any other condition;
(d) Make available or enable the access to illicit and/or degrading messages, products or services;
(e) Are false, ambiguous, imprecise, exaggerated or extemporaneous that may lead to error upon the object or upon the intentions or purposes of the communicator;
(f) Lead or entice to dangerous practices, risk practices or harmful practices for the health and for the psyche balance;
(g) Lead or may entice to an unacceptable terror and/or anxiety state;
(h) In fact violate the law, intellectual property, rights to honor, private life, image, personal and family privacy, in general;
(i) Violate communication secrecy;
(j) Incorporate viruses or other electronic elements or physical elements that may damage or impede the normal functioning of the network, of the CONTRACTED PARTY’s system or of third party’s computer equipment (hardware and software) or that may damage the electronic documents and files stored in these computer equipments.
126.96.36.199. Upon identifying any conduct and/or method considered inadequate, illegal and/or not ethic by the contracting party, GADESH may opt to cancel the present electronic service provision contract, to suspend the services temporarily and/or notify the contracting party so he/she may remedy, correct or regularize the situation.
5.1. To use the Service, the CONTRACTING PARTY must previously provide to GADESH certain personal data through the Registration (from now on termed “Personal Data”).
5.2. Through the filling out and sending of the corresponding Basic Registration, the CONTRACTING PARTY supplies to GADESH the following Personal DATA: E-mail – Electronic mail from another service where he/she is registered in the Internet; date of birth and sex – “including the data of the second member of the Couple, in case it is opted for a Double registration in a single Profile”; and other information (data) in general requested with the registration of the Profile in the Personal Profile Area, at the CONTRACTED PARTY’s discretion.
5.3. The CONTRACTING PARTY ensures and answers for the veracity, precision, effectiveness and authenticity of the Personal Data supplied and other relevant information (data) in general, requested with the Profile registration in the Personal Profile Area, at the CONTRACTED PARTY’s discretion, and commits to keep it duly updated, being penalized under the establishments of the law for the filling out with false information when the fact is verified.
5.5. As to the Automated Treatment of the Personal Data
5.5.3. The CONTRACTED PARTY ensures that it adopts levels legally required as to safety in the protection of Personal Data, having installed the technical means and measures to avoid loss, ill use, alteration, non-authorized access or undue subtraction of collected Personal Data. Nevertheless, the CONTRACTING PARTY must be aware that the safety measures related to the Internet and the computer systems in general are not integrally infallible.
5.6. As to the Automated Treatment of Personal Data and publication of these Personal Data with consent of the CONTRACTING PARTY him/herself.
5.6.1. The CONTRACTING PARTY is consenting and solidary to the publication / running of his/her Personal Data when decided through option, in his/her registration with the Electronic Database of the GADESH System, filling out the privacy level in the Personal Profile Area, making the information available to the remaining CONTRACTING PARTY’s Users of the Service.
5.6.2. The CONTRACTING PARTY is consenting and solidary to the publication / running of his/her Personal Data and information (data) in general, and contact information, when through his/her registration in the Electronic Database of the GADESH System decides to opt to select the following privacy level options available in the registration:
(a) “My Partners”: means that the CONTRACTING PARTY makes his/her data available, regarding each specific information that has a privacy level – also for his/her Partners incorporated to the Relationship Network, option “My Partners”;
(b) “Partners’ Partners”: means that the CONTRACTING PARTY makes his/her data available, regarding each specific information that has a privacy level, to his/her Partners incorporated to the Relationship Network, and respectively to the Partners incorporated by Your Partners – the latter found in option “My Partners”; and
(c) “All Users”: means that the CONTRACTING PARTY makes his/her data available, regarding each specific piece of information that has a privacy level, to all GADESH System Community Users.
6.1. GADESH must put forth the best efforts to assure and develop the quality of the Service here presented through these Terms and Conditions, also committing to respect the privacy of the User within the Service environment, ensuring that it will not directly publish the information related to the use of the service, except in the cases in which the CONTRACTING PARTY positively yields in favor of that practice, or even, through express legal determination; as well as it is obligated to keep secrecy as to the Messages and E-mails received or sent, keeping secretive all the information processed, and also keeping secret the users’ Access Passwords and the registration data supplied – except the information related to the purpose of the Service provision. Nevertheless, the User must be aware and declare to know that the safety measures related to the Internet and computer systems in general are not integrally infallible.
6.2. In case it is possible, GADESH must communicate to the CONTRACTING PARTY, through E-mail or Notice published on the “Home” or on the “My Profile” Page of the Website, with minimum of twenty-four (24) hour beforehand, the suspension of Service provision for scheduled maintenance in the system.
6.3. GADESH commits not to carry out alterations that implicate in restriction or limitations in the “Terms and Conditions” without communicating to the CONTRACTING PARTIES through any electronic means available.
7.1. “upon registering with the service”, and through the acceptance of the “terms and conditions”, the user previously authorizes GADESH to comply with all the precepts here described in the body of this instrument of the “electronic service provision contract” and of the “subscription contract for digital content access” for the case of charged subscriptions; as well previously authorizes GADESH to comply with all the precepts made available for user knowledge through “notices”, “policies”, “rules”, “tables”, “use and promotional regulations”, and “general instructions”, as published on the pages of the service.
7.2. “Upon registering in the service”, and through the acceptance of the “terms and conditions”, the user previously authorizes GADESH to comply with all the “electronic procedures provided in the website’s software”, according to its characteristics containing of the service offered.
7.3. “Upon registering in the service”, and through acceptance of the “terms and conditions”, the user previously authorizes GADESH to show the “nickname” registered as system user, even if this nickname indirectly offers margin to his/her personal identification and even, identify the fact, before the remaining users eligible in the system.
7.4. “Upon registering in the service”, and through acceptance of the “terms and conditions”, the user previously authorizes GADESH to “display his/her personal image” through “digitalized pictures” and when he/she opts to make the publication / running of those images, through the action of sending them using the mechanisms and characteristics containing of the service, aware that this publication / running will be constant, and available for the access of users eligible in the system, without treatment of editing of the sent images, according to the subscription modality chosen by the user.
7.5. “Upon registering in the service”, and through the acceptance of the “terms and conditions”, the user previously authorizes GADESH to “display third parties’ image” through “digitalized pictures” and “video clips” when so opts to do the publication / running of the images, through the action of sending them using the mechanisms and characteristics containing of the service, aware that this publication / running will be constant, and available for the access of remaining users eligible in the system, without treatment or editing of sent images, according to the subscription modality chosen by the user.
8.1. The amount charged for the CHARGED Subscription modality, GADESH PLUS PLAN, is found on the “Subscribe Now” page, under the Service’s URL http://www.gadesh.com.br/assinaturas, and those amounts may vary according to the contracted period, the Payment Plan chosen and the data of the Service’s CONTRACTING PARTY.
8.2. The Payment Plans for the CHARGED Subscription modalities must be realized according to the Tables available for the contracted periods, and paid according to the payment means available on the “Subscribe Now” Page, “Home” Page and remaining pages of the Service.
8.3. GADESH reserves the right to detain or cancel any payment made by the CONTRACTING PARTY in cases in which it suspects of offence against the law or manipulation of the Service, immediately suspending the service provision, temporarily, until obtaining the correct verification of the facts, or definitively in case it is given as proved, he/she is sued according to the laws in effect and applicable to the subject.
8.4. Moreover, GADESH reserves the right to wait upon the confirmation of the Credit Card Operators and/or confirmation of the Electronic Payment Order from the bank(s), and/or also, confirmation of Bank Charging Bills or Bank Deposits, of financial institutions linked and/or accredited in the Service to accept and validate the payment made by the CONTRACTING PARTY, for the purchase of a Subscription Plan.
8.4.1. In case there is the possibility of making installment payments as to the Payment Plan of a certain Subscription modality, GADESH reserves the right to suspend immediately the service provision – temporarily, until the situation is regularized, or definitively, in case the CONTRACTING PARTY opts for not continuing the Service.
8.5. Under no circumstances, the Subscription Plans are transferred from any modalities amongst the Users, through the Service.
8.6. The amounts charged for Advertisements and publicity in the GADESH System complies with all the precepts containing here for the payment of CHARGED Subscription modalities.
9.1. In the event of any User or third party considering that there are facts or circumstances that constitute illegal use of any content and/or the carrying out of any activity on the electronic pages included or accessible through the Service, he/she must send a communication to GADESH containing the following information:
(a) Personal Data: name, address, telephone number and e-mail address of the claimer;
(b) Specification of the supposed illicit activity taken place in the Service and its localization on the electronic pages;
(c) Facts or circumstances that reveal the illicit nature of such activity. Those notifications must be sent to the “User Support”, as a “Complaint”, or according to the “Denunciation” option, if it is the case of the Profile of some User Eligible in the System.
9.2. The User recognizes and agrees that all his/her Actions related to any utilities, or applications, or even, functions and tools available on the Website, are recorded for common purposes of the Service. The User agrees that any irregularity which has taken place, whether it is a discrepancy, a disagreement or problem of any nature, must be notified and submitted to GADESH within max of fifteen (15) days, which will be informed to the “User Support”, as a “Complaint”. If such facts are not notified within the due time established in the clause, the User agrees that no discrepancy, disagreement or problem existed, and he/she agrees that he/she will no longer have the right to complain due to his/her initial negligence, and he/she will not have the right to any appeal; if the Service endures damages or losses due to such negligence, the User must fully reimburse GADESH, regardless of the factors occurred, including indemnify the service provider, if it applies, as to any damages or losses in case these are derived from the claim constituted by the Users as to the issues listed here.
10.1. The CONTRACTING PARTY takes up all the burden and responsibility derived from his/her actions and his/her conduct as Service User and Internet User, also answering for actions that third parties practice in his/her name, through the use of his/her Access Passwords. The user commits to indemnify GADESH in case of any costs, losses and damages derived from the actions or omissions that violate the precepts contained of the law applicable to the subject matter, in the present instrument and under the general service use conditions, which are available here in this contract.
10.2. The CONTRACTING PARTY is responsible for the custody of the Access Passwords, being obligated to protect them against its loss or undue divulging, answering for the damages caused for the ill use of the Service here contracted.
10.3. The use of the Access Passwords is private to the CONTRACTING PARTY, rendering him/her responsible for him/herself, and for third parties if that is the case, as to the password utilization, obligating it to honor all the financial and/or legal commitments resulting from that.
10.4. GADESH is not responsible for any costs, losses or damages that are caused to the CONTRACTING PARTIES or to third parties, due to the use of the services, purchasing of products and/or content made available by any individual, and legal entities, if applicable, on the Website that does not constitute in the CONTRACTED PARTY itself.
10.5. The CONTRACTING PARTY commits to supply true, correct, updated and full information about him/herself, and also, his/her own images and/or images authorized by third parties, at the time of registration; and moreover, commits to not collect third parties’ images for commercial use purposes and/or purposes that compromise their privacy, being responsible for the damages and losses caused by such actions before the claimer.
10.6. GADESH is not responsible for damages and losses of any kind that may spring from defrauding of the Service use, mainly, but not exclusively, if such damages derive from failures in the public telephony network and, also, failures in the Services that provide Internet access that come from different service providers and other Internet services.
10.7. GADESH is not responsible for damages and losses of any kind that may arise from publishing carried out by third parties not linked to the service team itself, as to the conditions, characteristics and circumstances of the use of the service, characterizing that those activities are not in agreement with the conditions established in the present contract; or also, regarding the access and, if it is the case, the interception, elimination, alteration, modification or manipulation – under any means – of the contents and communications of any kind that users transmit, diffuse, store, render available, receive, obtain or have access to through the use of the services object of the present contract.
10.8. GADESH is not responsible for damages and losses of any kind that may derive from defects in the quality of the services provided by third parties through the service.
10.9. GADESH is not responsible for damages and losses of any kind that may derive from the false identity of the users and the lack of veracity, effectiveness, exhaustivity and/or authenticity of information that the users provide about themselves and provide or make available to other users and, particularly, even though not under exclusivity, for the damages and losses of any kind that may owe to the supplementation of personality of a third party done by a user in any communication class or transaction carried out through the services.
11.1. Despite GADESH using the best technologies and employing its best efforts, it cannot previously control the absence of viruses in the contents transmitted, diffused, stored, received, obtained, rendered available, or accessible through the use of the Service, or in the absence of other elements that may produce alterations in the computer equipment of the CONTRACTING PARTY or in the electronic documents stored or transmitted from the computer equipment of the CONTRACTING PARTY.
11.2. Aiming at what is presented in the previous item, GADESH is exempt from any responsibility for damages and losses of any kind that may derive from the presence of viruses or of any other harmful elements in the contents and that, in this way, may produce alterations and/or damages in the physical and/or electronic system of the contracting party equipment.
11.3. GADESH is not obliged to control, and does not control the content and nature of the content transmitted, diffused or made available to third parties by the CONTRACTING PARTIES (Users) through the Service encompassed in the Object of the present Electronic Service Provision Contract; being able to partially exert control activity upon the Digitalized Pictures published on the Website, and this control activity bears exclusive characteristic to ensure the feasibility and the technical computer quality needed for the provision of the Service.
11.4. GADESH is completely alien and does not intervene in the creation, sending or posting of contents on the Internet by the CONTRACTING PARTIES, besides not exerting any type of previous control, or ensuring the licit nature, infallibility and utility of the contents transmitted, diffused, stored, received, obtained, made available, or accessible through the Service, unless those related to the Object of the Service described in the precepts of this Electronic Service Provision Contract.
11.5. GADESH is not responsible for damages and losses of any kind that may derive from the sending, diffusing, storing, making available, receiving, obtaining or accessing the contents through the services and, particularly, but not under exclusive manner, for the damages and losses that may derive:
(a) from unfulfillment of the law as consequence of sending, diffusing, storing, making available, receiving, obtaining or accessing the contents through the service;
(b) from the infraction of the intellectual and industry property rights, of corporate secrets, of contract commitments of any kind, of the rights to honor, to personal and family privacy and to the images of the people, of the rights to property and of any other nature, belonging to third parties as consequence of sending, diffusing, storing, making available, receiving, obtaining or accessing the contents through the service;
(c) from the carrying out of disloyal competition and illicit publicity as consequence of the sending, diffusing, storing, making available, receiving, obtaining or accessing the contents through the services;
(d) from the lack of veracity, precision, exhaustivity, pertinence and/or updating of the contents transmitted, diffused, stored, received, obtained, rendered available or accessible through the services;
(e) from the unsuitability to any defrauding purpose of the expectations generated by the contents transmitted, diffused, stored, received, obtained, made available, or accessible through the services;
(f) from the unfulfillment, delay in fulfilling, flawed fulfillment or ending, for any reason, of the obligations bestowed upon third parties and contracts performed with third parties through the access or due to the access to the contents transmitted, diffused, stored, received, obtained, made available, or accessible through the services;
(g) from the fault and defects of any kind as to products and services possibly commercialized, purchased or provided by contracting parties or third parties on the Internet.
12.1. The taxes and remaining due tax charges – direct or indirectly – due to amounts received through the Subscription Plans available through this Electronic Service Provision Contract, or due to its execution, will be the responsibility of the taxpayer, thus defined in these “Terms and Conditions” and/or legal taxpayer, according to the applicable tax legislation, without the right to reimbursement.
12.2. The taxes and remaining due tax charges – direct or indirectly – due to the service provision activities here disclosed, will be entirely under GADESH’s responsibility.
13.1. This Electronic Service Provision Contract is signed encompassing the limit date indicated by the CONTRACTING PARTY / Subscriber, according to what was chosen at the time of purchase of the CHARGED Subscription Plan and its respective Payment Plan, being able to be automatically renewed for equal periods of time under the following plan: GADESH PLUS PLAN.
13.1.1. For the comfort and convenience of the CONTRACTING PARTY / Subscriber, his/her CHARGED Subscription Plan will be automatically renewed on the last valid day of the contracted period.
13.1.2. In case the user does not agree with the automatic renewal of the CHARGED Subscription Plan for a new equal period of the Subscription Plan previously contracted, the SUBSCRIBER must communicate it to GADESH within ten (10) days from the final date of the Subscription period in effect, through the “Cancel Next Automatic Subscription” option, of the “Control Panel”, in his/her personal menu “My Profile”.
13.2. This Electronic Service Provision Contract is signed for an undetermined period of time by the CONTRACTING PARTY (Subscriber) for the GADESH BASIC PLAN (FREE), from the date of electronic acceptance of these Terms and Conditions.
14.1. Desistance: GADESH and the CONTRACTING PARTY have the ensured possibility to end the Electronic Services Provision Contract at will, unilaterally, at any moment and without the need to have a justified cause. In this sense, any one of the parties involved may communicate to the other each one’s decision to consider the present contract terminated with AT LEAST TEN (10) DAYS PRIOR to the date in which the Service provision contract will effectively be terminated, requiring the payment of any opened bills, including the month of cancellation in case of the CONTRACTING PARTY. Given the discontinuance of the present Contract, these Terms and Conditions will remain effective for ninety (90) additional days; begin counting from the date of notification of the termination, only for adjustment purposes if it is the case.
14.1.1. GADESH may inform to the CONTRACTING PARTY, at any time, its decision to consider the Electronic Service Provision Contract null, which it will do through E-mail or letter. The CONTRACTING PARTY must inform to GADESH his/her decision to consider the Electronic Service Provision Contract null, to be done through the “User Support”.
14.1.2. Considering reasons beyond the realm of its control, GADESH may decide for the immediate termination of the Electronic Service Provision Contract even before notifying the CONTRACTING PARTY of the fact.
14.2. Cancellation: GADESH and the CONTRACTING PARTY mutually recognize the ability to cancel the Electronic Service Provision Contract at will in case of unfulfillment of the obligations by the other party, and moreover, the CONTRACTED PARTY may block the access and cancel the present contract, at its exclusive discretion and at any time, as to the CONTRACTING PARTIES of any modality of the Subscription Plan that have presented evidences of fraudulent use and, in any event, leaving the option open to sue for damages and losses correspondent to any one of the Parties, as well as the option to obtaining indemnisation for damages and losses that correspond, if applicable, to the party that have fulfilled the contract. Given the cancellation of the present Electronic Service Provision Contract, these Terms and Conditions will remain effective for ninety (90) additional days; begin counting from the date of notification of the termination, only for adjustment purposes if it is the case.
14.3. The CONTRACTING PARTY of the GADESH BASIC PLAN recognizes and hereby declares that does not possess the right to sue for damages and losses due to the free nature of the plan.
15.1. The CONTRACTING PARTY declares to be eighteen (18) years old or older through these Terms and Conditions, and recognizes and is aware that upon selecting to click on the button “I ACCEPT GADESH’S TERMS AND CONDITIONS OF USE”, disclosed with the registration of the Website, will be accepting the clauses of the Electronic Service Provision Contract for Adhesion to the Service, to obtain Access to the content destined exclusively to adult audience.
15.2. The CONTRACTING PARTY declares to have the legal capacity to sign this Electronic Service Provision Contract and use the service, according to what is established in this Contract.
15.3. The CONTRACTING PARTY declares not to consider the Service here disclosed as offensive, inappropriate, displeasing or indecent; and declares to consider the Service as an acceptable and useful activity within his/her life style.
16.1. Through its effective registration and entailment to the service, the CONTRACTING PARTY commits to respect and comply with all the precepts hereby inserted in this Electronic Service Provision Contract, as well as the precepts contained of the Notices, Policies, Rules, Tables, Promotional and Use Regulations and General Instructions presented to his/her awareness by the CONTRACTED PARTY through the Service pages, considering that all regulate the use of the Service proposed in the GADESH System.
16.2. The CONTRACTED PARTY reserves the right to, at its exclusive discretion and at any time, modify, add or remove any clause or condition of this Electronic Service Provision Contract, informing to the CONTRACTING PARTY through publication in the NEWS page, just as it can be seen in the top menu of the Service, under the URL http://www.gadesh.com.br/novidades In case the CONTRACTING PARTY does not agree with the alterations made by GADESH, he/she must expressly inform the company within the maximum of thirty (30) days, counting from the date of the published alteration. Silence on the side of the CONTRACTING PARTY within the determined time will be understood as acceptance of the new Terms and Conditions of the contract in effect.
16.3. The CONTRACTED PARTY may grant the Contract or the rights deriving from the contract to any one of the companies of the Economic Group from which it is part or that may come to be part in the future, being obligated to inform the CONTRACTING PARTY its intention, being reserved the right of the CONTRACTING PARTY to cancel the present Electronic Service Provision Contract without any additional onus.
16.4. The parties recognize the Electronic Mail Inbox (Messages) Service, and also, the E-mail registered in the CONTRACTED PARTY’s Electronic Database, as a valid, efficient and sufficient way of communication, and accept the Personal Profile Area of access to the GADESH System, as a valid, efficient and sufficient way to publish any issue that is referred to the Services Object of this Electronic Service Provision Contract, as well as to the conditions of its provision or regarding any other issue encompassed by it, highlighted the various precepts expressly provided in these Terms and Conditions.
16.5. The parties agree, and through this Terms and Conditions recognize that if there is any discrepancy and/or, disagreement and/or inflexion in the translations of this Electronic Service Provision Contract, as well as of its Notices, Policies, Rules, Tables, Promotion and Use Regulations, and General Instructions brought to the awareness of the CONTRACTING PARTY by the CONTRACTED PARTY, through the Service, the version that will prevail is the Portuguese language version for all legal effects related to it.
16.6. The parties select the Central Forum of the Circuit Court of ITAJAÍ, State of SANTA CATARINA, Brazil, as jurisdiction to nullify any controversies sprung from the present Electronic Service Provision Contract, excluding any other forum, despite how privileged and important it may be or become.
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